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I LIBRARY OF CONGRESS. 

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t UNITED STATES OF AMERICA, f 



THE WOODWORTH PATENT. 



STATEMENT 



AS TO SOME OF THE 



Infringements on the Woodworth Patent, 



WITH NOTICES OF 



CASES DECIDED BY MR. JUSTICE NELSON, 

OF THE SUPREME COURT OF THE UNITED STATE3; 



£ist of parties liable for snci) Infringements, 



JOHN GIBSON, 

OF GIBSON, STEUBEN CO., N. T. 



ALBANY: 

MUNSELL & ROWLAND 78 STATE STREET. 
1861. 







VA 






THE WOODWORTH PATENT. 



This patent was granted to William Woodworth on the 
27th of December, 1828. 

It was extended by the Commissioner of Patents for 
fourteen years, from the 27th of December, 1842, to Wil- 
liam W. Woodworth, the administrator of William Wood- 
worth, deceased. 

It was further extended by an act of Congress, passed 
February 26th, 1845, for seven years from the 27th of 
December, 1849, to the said William W. Woodworth, ad- 
ministrator, &c. 

On the 8th of July, 1845, it was reissued on an amended 
specification to the said William W. Woodworth, adminis- 
trator, &c. The claims of the patent as thus reissued, are 
summed up as follows in the amended specification : 

"Having thus fully described the parts and combination 
of parts, and operation of the machine for planing, tongu- 
ing and grooving boards or plank, and showed various 
modes in which the same may be constructed and made, 
and operated without changing the principle or mode of 
operation of the machine ; what is claimed therein as the 
invention of William Woodworth, deceased, is the employ- 
ment of rotating planes, substantially such as are herein 
described, in combination with rollers or any analogous 
device to prevent the boards from being drawn up by 
the planes when cutting upwards, or from the reduced or 
planed to the unplaned surface as described. 



And also the combination of the rotating planes, with 
the cutter wheels for tonguing and grooving for the pur- 
pose of planing, tonguing and grooving boards, &c, at 
one operation as described. 

And also the combination of the tongueing and grooving 
cutter wheels, for tonguing and grooving boards, &c, at 
one operation as described. 

And finally the combination of either of the tonguing 
or grooving cutter wheels for tonguing or grooving 
boards, &c, with the pressure rollers as described ; the 
effect of the pressure rollers in these operations being such 
as to keep the boards, &c, steady and to prevent the cut- 
ters from drawing the board toward the centre of the 
cutter wheels, whilst it is moved through by machinery. 
In the planing operation the tendency of the plane is to 
lift the boards directly up against the rollers, but in the 
tonguing and grooving, the tendency is to overcome the 
friction occasioned by the pressure of the rollers. 

By means of various conveyances, the undersigned, John 
Gibson, became the owner of the entire right, title and 
interest under the said reissued patent for the said extend- 
ed term, from the 27th of December, 1849, to the 27th 
of December, 1856, for, within and throughout so much of 
the territory of the state of Pennsylvania, as is bounded and 
described as follows: beginning on Lake Erie, on the divi- 
sion line of the states of Pennsylvania and Ohio, then run- 
ning south along that division line so far as to reach fifty 
miles south of the southern boundary line of the state of 
New York, if extended to a point of intersection, then 
easterly by a line always fifty miles distant from the south 
boundary line of the state of New York, until the line thus 
made strikes the westerly boundary line of the state of New 
Jersey, and also for, within and throughout such portions of 
the counties of Pike, Wayne, Luzerne, Lycoming and Clin- 
ton, in the state of Pennsylvania, as are not embraced 



within the said portion of the said state of Pennsylvania, 
which lies within fifty miles of the south boundary line of 
the state of New York, and also for, within and throughout 
the following counties in the state of New York, namely : 
Suffolk, Queens, Richmond, Rockland, Westchester, Putnam, 
Orange, Sullivan, Ulster, Dutchess, Columbia, Greene (ex- 
cept the exclusive right to use one machine for planing, 
tonguing and grooving in the town of Catskill, in said 
county of Greene), Delaware, Schoharie, Montgomery, 
Schenectady, Saratoga, Washington, Warren, Essex, Clin- 
ton, Franklin, St. Lawrence, Lewis, Fulton, Oneida, Otsego, 
Chenango, Broome, Tioga, Cortland, Madison, Onondaga, 
Cayuga (except the exclusive right to use one machine for 
planing, tonguing and grooving, in the town of Auburn, 
in said county of Cayuga), Tompkins, Chemung, Steuben, 
Yates, Ontario, Seneca, Wayne, Orleans, Niagara, Genesee, 
Wyoming, Allegany, Cattaraugus, Chautauque, Jefferson, 
Hamilton, Erie (except the exclusive right to use six ma- 
chines for planing, tonguing and grooving in said county 
of Erie, and except the right to use three machines for 
cutting mouldings in said county of Erie, said rights be- 
longing to Philo B. Eaton), Albany (except the right of 
Albert Richards to use five machines for planing, tonguing 
and grooving in the village of West Troy, in said county 
of Albany, and the right of Rousseau & Easton, to use five 
other machines for planing, tonguing and grooving, in 
said village of West Troy), Rensselaer and Kings, Herki- 
mer, Oswego, Monroe and Livingston, and the city and 
county of New York (except the right to make, use and 
vend machines for planing, tonguing and grooving, in said 
counties of Kings, Herkimer, Oswego, Monroe and Living- 
ston, and in the city and county of New York). 

Under this title the undersigned was thus the owner for 
the said term of the said reissued patent from the 27th of 
December, 1849, to the 27th of December, 1856, for the ter- 
ritory above specified (with the exceptions above named) 



of the exclusive right to make, use and vend under the 
patent, not only machines for planing, tonguing and groov- 
ing boards and plank, but also machines for making, cutting, 
sticking or dressing mouldings, beads, sash, blind or door 
stuff, blind slats, panel grooves or any form of moulding. 

For the purpose of testing the question as to what kind 
of tonguing and grooving machines, what kind of planing 
machines, and what kind of moulding machines or sash 
stickers were covered by the Woodworth patent, the under- 
signed brought various suits in the Circuit Courts of the 
United States for the Northern and Southern Districts of 
New York, some of which have been recently decided by 
his Honor Mr. Justice Nelson of the Supreme Court of the 
United States, after a full hearing of all the points raised 
in defence. These suits so decided embrace a variety of 
machines, sufficient to show the scope and extent of the 
rights of the undersigned under the patent. 



1. Tonguing and Grooving Machines. 

Four of the suits were against the following parties for 
using tonguing and grooving machines in infringement of 
the patent named : 

1. Wheeler Hotehkiss and James A. Olds, both of Batavia, 
Genesee county, N. Y., one machine. 

2. James E. Smith of Corning, Steuben county, N. Y., 
one machine. 

3. Lorenzo W. Ford, Ralph Swift, Samuel L. Jones and 
Isabella K. Jones, wife of the said Samuel L. Jones, all of 
Geneva, Ontario county, N. Y., one machine. 

4. William H. Edwards and John Edwards, both of Lock- 
port, Niagara county, N. Y., one machine. 

The machines used by these parties were all of them 
horizontal machines, and were used by them for the purpose 
of tonguing and grooving, and dressing upon their edges 
in various ways, boards, plank and other lumber, and other 



materials, and the following is a description of the in- 
fringing machines, as set forth in the final decrees of the 
court. 

" A frame ; a roller on top of the material, so arranged 
as to act as a feed roller, and to yield to the inequalities in 
thickness of the material, and press down firmly on the ma- 
terial ; a feed roller below the material, and directly under- 
neath the top feed roller before mentioned, between which 
two rollers the material entered the machine ; next beyond 
said two rollers, two rotating side tonguing and grooving 
tools, each revolving on a vertical spindle ; one of which 
side tools was furnished with tools or putters so constructed 
and arranged that, when it revolved, they formed the two 
rebates that form the tongue on the edge of the board, and 
formed and smoothed the projecting edge of the tongue ; 
the rebates on each side of the tongue were each formed by 
a similar tool or instrument, having fifteen to twenty teeth 
or cutters, more or less, cut out of a solid plate of metal, 
which, in their revolution, cut out the whole width and 
depth of the rebate, and left a smooth face where they cut ; 
between each of these cutting instruments, and close to 
them on the same spindle, was placed another tool or cut- 
ting instrument of this shape, 




with only two teeth or cutters, which in their revolution, 
cut and smoothed the projecting edge of the tongue and 
brought it to a parallelism with the face of the grooved edge 
of the board ; the other of said two side tonguing and 
grooving instruments was furnished with teeth or cutters 
so constructed and arranged that, when the side tool or 



instrument revolved, they formed or cut the groove in the 
edge of the board, and also smoothed the edge of the board 
on each side of the groove ; the groove was formed or cut 
out by an instrument the same substantially as the instru- 
ment before mentioned, which formed or cut out the 
rebate on each side of the tongue, though it may have had 
more or less teeth or cutters ; this instrument which formed 
or cut out the groove, did so by revolving, and formed the 
whole of the groove perfectly as it revolved, and left a 
smooth face on the bottom of the groove where the teeth 
or cutters cut ; on each side of this instrument, and close 
to it, on the same spindle, was placed another instrument 
of the same kind, though of a smaller size, and it may have 
had more or less teeth or cutters ; the said last named two 
instruments, in their revolution, formed or cut, and 
smoothed, and brought to a flat plane surface, and to a 
parallelism with the projecting edge of the tongue, the^ face 
of the edge of the board, on each side of the groove ; the 
said instruments for forming the groove and for smoothing 
the edge of the board on each side of the groove, and for 
forming the rebates to form the tongue, were called by the 
defendants " drunken saws ; " they were each of lozenge 
or slightly elliptical shape, and each was set upon its 
spindle at such an oblique angle as to make all the teeth or 
cutters in its periphery equi-distant from its axis of motion; 
in revolving, they describe a cylinder ; they produced the 
same effect on the board as the Woodworth tonguing and 
grooving cutters, and left the same smooth surface as the 
Woodworth cutters. 

The said two rotating side instruments were placed 
directly opposite to, and in the same horizontal plane with 
each other, one upon each edge of the material, and were 
when set, and when the machine was in operation, at a 
fixed distance apart, so as to tongue and groove the material, 
and bring it to an equal and uniform width throughout, 
at the same operation ; one of which said two side tools or 



instruments was adjustable, so as to accommodate different 
widths of material. 

Next beyond said two rotating side tools or instruments, 
a second feed roller, acting upon the upper side of the ma- 
terial, and constructed, arranged and operating like the one 
before described ; and directly beneath said second feed 
roller, and on the under side of the material, another feed 
roller. 

In the operation of the said machine, the feed and press- 
ure rollers acted to feed the material through the machine, 
while at the same time they made yielding pressure on the 
board, and the material operated on was held firm during 
the operation of said side instruments or tools upon it, by 
two springs which were placed on the top of the material, 
directly opposite said side instruments or tools, and ensured 
the parallelism of the tongue and groove with the face of 
the board. The said two rotating side tools or instruments 
revolved in such manner, that the teeth or cutters upon 
them met the material in a direction contrary to that in 
which it advanced through the machine, and the teeth or 
cutters all operated or cut from the planed or reduced to 
the unplaned surface of the material. 

The said tonguing and grooving machine was an entirely 
separate machine from any machine for planing the face 
of the board." 

The cases were argued before Mr. Justice Nelson, b.y 
Messrs. Keller and Blatchford, counsel for the undersigned, 
and by Mr. Van Antwerp, counsel for the defendants. Mr. 
Justice Nelson in his written opinion in the cases given on 
the 27th of October, 1860, says : 

" The defence mainly relied on is: 1. The want of novelty; 
2. That the tonguing and grooving by the defendants are by 
means of saws and not cutters. These questions have here- 
tofore been frequently before me in the course of the very 
protracted litigation upon this patent, and have been the 
subject of examination and decision. I shall not go over 



10 

them again at this late day, as nothing has been suggested 
on the part of the defendants as new in the defence, or in 
any way calling for re-examination." 

The particular reliance of the defence to show a want of 
novelty in the patent so far as the tonguing and grooving 
apparatus was concerned, was upon the testimony of cer- 
tain witnesses by whom it was attempted to be proved that 
the patented invention had been used as early as 1814 by 
the Shakers at New Lebanon, Columbia county, N. Y. 
Those witnesses were James Bishop, John Lockwood and 
David J. Hawkins. This was the only new testimony ad- 
duced by the defendants as to the novelty of the tonguing 
and grooving apparatus. Everything else set up by them in 
this respect, both in the way of descriptions in books, and 
of machines used, had been previously passed upon in re- 
peated suits upon the patent, and the decisions had been 
uniformly against the defence. This new testimony was 
decided by Mr. Justice Nelson, not to affect the patent, and 
the rights of the plaintiff were sustained against machines 
of the above description, which are commonly known as 
machines with " drunken saws " and with an " S cutter" to 
cut and smooth the projecting edge of the tongue. The 
form of the " S cutter " lias been before shown. It was 
usually formed of two pieces, each a solid piece of metal, 
and each shaped thus : 




The " drunken saws " used to cut out the groove, and 
the two rebates on the sides of the tongue, were of the fol- 
lowing form : 



11 




The following is an edge view of one of the " drunken 
saws " which exhibits the set given to their teeth : 




The final decree of the court in the four cases above 
named, was, that the defendants had infringed the rights of 
the plaintiff' under the reissued patent, by using the above 
described machine, and that they should account before a 
master for all the profits of such use, and should produce 
their books and papers, and be examined before the master. 

The tonguer and groover and matcher used by Lorenzo 
W. Ford and others, and that used by W. H. & J. Edwards 
was called the Allen matcher. 

Lorenzo W. Ford and others, and Hotchkiss & Olds 
sometimes used in the machines severally employed by 
them, cutter heads with three " S cutters " on one cutter 
head instead of two. But the court decided that these also 
were an infringement of the patent. 

By reason of the foregoing decision, the following ma- 
chines for tonguing and grooving, used by the following 
persons, are infringements of the rights of the undersigned 
under said patent : 



12 

1. One machine used by Timothy Whiting, Ansel J. Mc- 
Call and John Neil, all of Bath, Steuben county, N. Y. 

This machine was a machine with " drunken saws " and 
an " S cutter " for the tongue, and was called a Fisk & 
Norcross matcher. 

2. Two machines used by Henry Teft, of Waterford, 
Saratoga county N. Y., one called an Allen machine, and 
one called a Norcross machine, and one machine used by 
Mayo Pond, of Victory Mills, Saratoga county, N. Y., 
called an Allen machine. 

These machines had what are called " saws." The Allen 
machine had " drunken saws," three on one cutter head. 
The Norcross machine had "thick saws," three on one 
cutter head. 

The undersigned brought a suit against Mr. Teft, and one 
against Mr. Pond, and by stipulations made in those suitSj 
it was agreed that they should abide the event of the above 
named suits against Lorenzo W. Ford and others, and W. 
H. & J. Edwards. 

3. One machine used by William F. Townley, of Corning, 
Steuben county, N. Y., called a Norcross machine; one 
machine used by William B. Whipple, of Canandaigua, On- 
tario county, N. Y., and one machine used by Riggs Watrous, 
of Elmira, Chemung county, N. Y., as a member of the firm 
of Webb, Canfield & Co., of Williamsport, Lycoming county, 
Pennsylvania, called a Norcross machine. 

These machines had each of them " thick saws " and 
cutters of the following shape : 




13 

for cutting, planing and jointing the edge of the board on 
each side of the groove. 

4. Two machines used by Walter Byron and Hiram 
Couchman, of Allegany, Cattaraugus county, N. Y., with 
winged cutter heads. 

5. One machine used by Orrin W. Sage and Newton H. 
Ames, both of Cazenovia, Madison county, N. Y., at their 
factory in Addison, Steuben county, N. Y., and also at 
their factory in Cazenovia aforesaid ; said machine being a 
machine arranged and constructed substantially like that 
described in said reissued specification of the Woodworth 
patent. 

6. Two machines made and sold by George Goulding, 
Edmund Q. Sewall and George A. Bagley, all of Water- 
town, Jefferson county, N. Y. ; one of said machines having 
been sold to and used by John Bradley of Brownville, Jef- 
ferson county, N. Y., and the other of said machines having 
been sold to and used by Rodney Case of Watertown afore- 
said, and each of said machines having been a tonguing 
and grooving machine, constructed substantially like the 
tonguing and grooving machine described in said reissued 
specification of the Woodworth patent. 

It will have been noticed that Mr. Justice Nelson, in his 
opinion above quoted, says that the questions : 1, as to the 
novelty of the Woodworth patent so far as the tonguing 
and grooving apparatus is concerned ; and 2, as to the in- 
fringement of the patent by the use of the above instru- 
ments called saws, have been frequently before him in the 
course of the very protracted litigation upon the patent, 
and have been the subject of examination and decision. In 
June, 1855, a suit was brought on the Woodworth patent 
in the Circuit Court of the United States for the Southern 
District of New York in equity, by James G. Wilson and William 
Van Hook, against William W. P addon and Sexton P. Gibbs. 
The infringing machine in that case was one for tonguing 
and grooving boards and plank. The rebates on each side 



14 

of the tongue were cut out by an instrument consisting of 
fifteen or twenty cutters cut out of a solid plate of metal, 
which left a smooth face where they cut. The projecting 
edge of the tongue was smoothed by an instrument with 
two cutters like the one of which a cut is above given, 
formed of two pieces, each a solid piece of metal. The 
groove was cut out by a cutting instrument like those which 
cut out the rebates on each side of the tongue. The edges 
of the board on each side of the groove were planed and 
jointed by two instruments, each with four cutters, like the 
instrument with four cutters, of which a cut is above given. 
The said instruments for cutting out the groove and for 
cutting the rebates to form the tongue, were claimed by 
the defendants in that case to be " circular saws." Each 
of these so-called saws was«of the form shown by the cut 
hereinbefore given, and the edge view of each was like the 
edge view given by the foregoing cut, which exhibits the 
set of the teeth. On the 22d of June, 1855, Mr. Justice Nel- 
son granted an injunction against the machine after a full 
hearing ; Mr. Keller and Mr. Blatchford appearing for the 
plaintiffs, and Mr. E. W. Stoughton for the defendants. 
The defendants in that case set up as a defence on the 
hearing of the motion for the injunction, a want of novelty 
in Woodworth's tonguing and grooving apparatus, and 
adduced in defence an English patent granted to Malcolm 
Muir, sealed June 1st, 1827, and the specification of which 
was enrolled July 31st, 1827. Mr. Justice Nelson decided 
that there was nothing in the patent of Muir which inter- 
fered with the Woodworth patent, and granted an injunction 
against the use of any machine embracing any arrangement 
or combination of cutters like those above described. 

See Appendix A. 



15 



2. Planing Machines and Moulding Machines. 

Eight of the suits brought by the undersigned, as above 
mentioned, were against the following parties for using 
machines known as the Fay Sash Sticker or Fay Sash Mould- 
ing Machines (which are neither more nor less than planing 
machines), in infringement of the patent, namely : 

1. Joseph Dart, Jr., William H. Ovington and Erastus E. 
Dart, all of Buffalo, Erie county, N. Y., two machines. 

2. Grant E. Edgar of Newburgh, Orange county, N. Y., 
one machine. 

3. Robert J. Marcher of Salisbury, Orange county, N. Y., 
two machines. 

4. Cornelius A. Van Slyke, William A. Evans and Samuel 
F. Gelston, all of Buffalo, Erie county, N. Y., four machines. 

5. William E.Beardslee of Poughkeespie, Dutchess county, 
N. Y., one machine. 

6. Amos Clauson, Charles Piatt and Henry Williams, all 
of Middletown, Orange county, N. Y, one machine. 

7. Thomas Pettit and James Pettit, both of Jacob's Val- 
ley, Ulster county, N, Y., one machine. 

8. Grotius D. Root of Lockport, Niagara county, N. Y., 
two machines. 

The machines used by these parties were used for the 
purpose of dressing and finishing materials for rail stiles, 
and for doors and frames for window sashes previously cut 
or sawed to the required size, and other materials, and the 
following is a description of the infringing machines as set 
forth in the final decrees of the court except that the ma- 
chines used by the parties numbered 5, 6,7 and 8 had but one 
feed and pressure roller in front of the cylinder. 

" First. — A frame or bed plate, on which to feed and carry 
the material, which bed plate is adjustable, so that it can 
be raised or lowered. 

Second. — Two rollers on top of the material, so ar- 



16 

ranged as to act both as feed and pressure rollers, and to 
yield to the inequalities of the thickness of the materials, 
and press down firmly on the materials, between which 
bed plate and which rollers, the materials enter the ma- 
chine. 

Third. — Next beyond said rollers, a rotating cylinder re- 
volving on a horizontal spindle, on the upper side of the 
materials, and furnished with knives or cutters shaped to 
perform the work required ; the cutting edges of which are, 
when set, and when the machine is in operation, at a fixed 
distance from the bed plate. 

Fourth. — Next beyond said cylinder a spring, acting upon 
the upper side of the material, to press down upon and 
keep the material in its place while in the process of being 
finished. Said cutters or knives are so set and revolved in 
said machine as to cut in a direction contrary to that in 
which the materials are fed through the same, and so as to 
cut from the cut towards the uncut surface of said mate- 
rials. 

The said rollers act so as to force or feed the materials 
into, through and out of said machine, and at the same 
time, hold down the material against the lifting action of 
the cutting cylinders, and knives or cutters." 

The cases were argued before Mr. Justice Nelson by 
Messrs. Keller and Blatchford, counsel for the undersigned, 
and by Mr. Van Antwerp, counsel for the defendants. Mr. 
Justice Nelson in his written opinion in the cases given on 
the 27th of October, 1860, says : 

" The infringement charged is for planing plank or boards 
in violation of the patent. The defence mainly relied on is : 
1. The want of novelty. 2. That the planing is in the form 
of mouldings, not included in the plaintiff 's patent. These 
questions have been frequently before me in the course of 
the very protracted litigation in this patent, and have been 
the subject of examination and decision. I shall not go 
over them again at this late day as nothing has been sug- 



17 

gested on the part of the defendants as new in the defence 
or in any way calling for re-examination." 

Upon the point of the want of novelty in the Woodworth 
patent so far as the planing apparatus is concerned, the de- 
fendants introduced nothing new beyond what had previ- 
ously been introduced in many cases, and been passed upon 
by many courts and as to which, the decision of all the 
courts has uniformly been in favor of the patent. 

The final decree of the court in the eight cases above 
named, was that the defendants had infringed the rights of 
the plaintiff under the reissued patent by using the above 
described machine, and that they should account before a 
master for all the profits of such use, and should produce 
their books and papers and be examined before the master. 

By reason of the foregoing decision, the following ma- 
chines, used by the following persons, are infringements of 
the rights of the undersigned under said patent. 

1. Two machines used by Riggs Watrous, of Elmira, 
Chemung county, N. Y. (as a member of the firm of Webb, 
Canfield & Co., of Williarnsport, Lycoming county, Penn- 
sylvania), being " sash stickers" like the one used by Dart 
and others before mentioned ; and one machine used by 
Walter Byrom and Hiram Couchman, both of Allegany, 
Cattaraugus county, N. Y., being a " sash sticker" like the 
one used by Dart and others before mentioned. 

2. One machine used by William B. Whipple, of Canan- 
daigua, Ontario county, N. Y., being a " sash sticker " like 
the one used by Beardslee before mentioned ; and seven 
machines used by Henry P. Wescott, Abel Downs and Sea- 
bury Gould, all of Seneca Falls, Seneca county, N. Y., and 
being each of them a " sash sticker ; ' like the one used by 
Beardslee before mentioned ; and one machine used by 
Walter Byrom and Hiram Couchman, both of Allegany, Cat- 
taraugus county, N. Y., and being a " sash sticker " like 
the one used by Beardslee before mentioned. 

3 



18 

3. One machine used by Whitman Kinyon and Albro J. 
Newton, both of Binghamton, Broome county, N. Y., being 
a double " sash sticker " like the one used by Beardslee 
before mentioned, when duplicated or with two such ma- 
chiDes on one frame. 

4. Four machines used by Orrin W. Sage and Newton H. 
Ames, both of Cazenovia, Madison county, N. Y., at their 
factory at Addison, Steuben county, N. Y., and also at their 
factory at Cazenovia aforesaid ; said machines being " sash 
stickers " or sash moulding machines, substantially like the 
Fay Sash Sticker hereinbefore described. 

One machine used by Francis Baretto and Cornelius 
D. Doughty, both of West Farms, Westchester county, N. 
Y., being a machine for cutting mouldings, and substantial- 
ly like the one used by Beardslee before mentioned. 

In addition to the foregoing " sash sticking " machines, 
the following parties have used the following machines in 
infringement of the rights of the undersigned under the 
Woodworth patent, and are liable to the undersigned there- 
for, under numerous decisions of the courts : 

1. Whitman Kinyon and Albro J. Newton, both of Bing- 
hamton, Broome county, N. Y., one machine; and Henry 
P. Wescott, Abel Downs and Seabury Gould, all of Seneca 
Falls, Seneca county, N. Y., one machine. Each of said 
machines was a regular surface planing machine, consisting 
of a cylinder and of a pressure roller in front of, and a 
pressure roller behind the cylinder, precisely as in the 
Woodworth machine. 

Walter Byrom and Hiram Couchman, both of Allegany, 
Cattaraugus county, N. Y., one machine, being a surface 
planing machine, called the Gray & Wood machine, and 
consisting of a cylinder with a pressure roller in front of, 
and a pressure bar behind the cylinder, and a movable car- 
riage, being such a machine as has often been decided to be 
an infringement of the Woodworth patent. 



19 

3. Reuben Murdock, of Hope, Hamilton county, N. Y., 
one machine, used for dressing staves, and consisting of a 
cylinder with a pressure roller in front of, and a pressure 
roller behind, the cylinder, and being merely a surface 
planing machine, to all intents and purposes. 

4. Orlando H. Elting (of the firm of Elting, Brinkeroff & 
Co.), of Lloyd, Ulster county, N. Y., one machine used at 
Lloyd aforesaid, and one machine used at Pine Bush, 
Orange county, N. Y., each of such machines being a 
surface planing machine substantially like that described 
in the said re-issued specification of the Woodworth patent. 

5. George Goulding, Edmund Q. Sewall and George A 
Bagley, all of Watertown, Jefferson county, N. Y., made 
and sold three surface planing machines, each of which was 
constructed substantially like the planing machine de- 
scribed in said re-issued specification of the Woodworth 
patent. One of said three machines was sold to Rodney 
Farmer and William Robinson of Gouverneur, Saint Law- 
rence county, N. Y., one of them to Stephen B. Yanderzee 
of Gouverneur aforesaid, and one of them to Rodney Case 
of Watertown aforesaid. The said Goulding, Sewall and 
Bagley also used in their factory at Watertown, aforesaid, 
one surface planing machine, constructed substantially like 
the planing machine described in the said re-issued specifi- 
tion of the patent. 

See Jlppendix B. 

In October, 1854, the undersigned obtained injunctions 
from Mr. Justice Nelson, in suits brought by the under- 
signed against the following parties, which injunctions re- 
strained the use by those parties of the machines herein- 
after mentioned, namely: 1, Aaron F. Potter of Elmira, 
Chemung county, N. Y., one machine used in preparing 
and dressing materials for sash, blinds and doors, and in 
cutting mouldings in and upon wood ; said machine being 
like the one used by Beardslee*before mentioned. 



20 

2. John Scott and Levi Barrows of Jamestown, Chautau- 

que county, N. Y., one machine used in preparing and 

dressing materials for the manfacture of sash, doors and 

blinds; said machine being substantially like the one used 

by Beardslee before mentioned. The injunction in this 

case was granted after a full hearing, the defendants being 

represented by John K. Porter, Esq., of Albany as their 

counsel. 

JOHN GIBSON, 

July 15th, 186 L Gibson, Steuben co. s N. Y. 



SUPPLEMENT- 



APPENDix A. 

Under, and by reason of the decisions before given re- 
lating to TONGUING AND GROOVING MACHINES, the following 

machines used by the following named persons, are infringe- 
ments upon the rights of said John Gibson, under the said 
Patent. 

I. 

Albany County, N. Y. 

One machine used by Hill & Turner at West Troy, called 
the " Norcross Matcher." 

Chemung County, N. Y. 

One machine used by Alonzo Cornell at Elmira, called 
the " Norcross Matcher." 

One machine used by William L. Gibson at Elmira, called 
the "Norcross Matcher." 

Clinton County, JV. Y. 
One machine used by George F. Harris at Champlain, 
called the " Allen Matcher." 



22 



Erie County, JV. 7. 

Three or more machines, manufactured, sold and used by 
E. & B. Holmes, at Buffalo, called the '■ Norcross Matcher.'' 

One machine used by Elisha & Henry L. Safford at 
Black Rock, called the " Norcross Matcher." 

One machine used by the Buffalo Car Company at Black 
Eock, called the " Norcross Matcher." 

Oneida County, JV. F. 

One machine used by Aimer Spinnings at Lee Centre, 
called the "Harding Tonguer and Grover." 

Rensselaer County, JV. F. 

One machine used by Austin C. Winslow at Troy, called 
the " Norcross Matcher." 

Warren County, JV. F. 

Three or more machines, manufactured and sold by Hop- 
kins Dix & Clendon at Glens Falls, one of said machines 
having been used by Cool & Robinson at Glens Falls; one 
by Darrow & Hall at Saratoga Springs, and one used by 
Henry Tift & Co. at Waterford. 

Tioga County, Pa. 
One machine used by Yalorus 0. Spencer at Covington. 

Each of the foregoing machines, was a machine for 
tonguing and grooving, constructed with feed and pressure 
rollers, and rotating side cutter instruments, substantially 
like the machine used by Hotchkiss & Olds, hereinbefore 
described, or with side cutter instruments like one or other 
of the variations thereof hereinbefore set forth. 



It 



II. 

Dutchess County, JY. Y. 

One machine for Tonguing and Grooving, used by Ste- 
phen Armstrong at Poughkeepsie. 

Jefferson County, JY. Y. 

One machine for Tonguing and Grooving, built and used 
by Benjamin E. Gleason at Adams. 

Three or more machines manufactured by Horace L. 
Woodruff at Watertown, for Tonguing and Grooving. 

Onondaga County, JY. Y. 

One machine used by James McBurney at Jordan, for 
Tonguing and Grooving. 

St Lawrence County, JY. Y. 
One machine used by Isaac Terry & Co. at Ogdensburgh, 
for Tonguing and Grooving. 

Saratoga County, JY. Y. 

One machine used by H. Ellsworth at Ballston Spa, for 
Tonguing and Grooving. 

Two machines built, sold and used by Benjamin J. Barber 
at Ballston Spa, for Tonguing and Grooving. 

Seneca County, JY. Y. 

One machine used by Joel Trautman at Seneca Falls, for 
Tonguing and Grooving. 

Mercer County, Pa. 

One machine used by Richard Clark, James H. Walker 
and Mr. Blank at Clarksville, for Tonguing and Grooving. 

Susquehanna County, Pa. 

One machine used by L. Beach & Co. at Montrose, for 
Tonguing and Grooving. 



24 



Warren County, Pa. 

One machine used by John L. Kapple at Warren, for 
Tonguing and Grooving. In this machine the Mandrils for 
the Tonguing and Grooving heads laid horizontal, and the 
board passed through the machine on its edge. 

Each of the foregoing machines was constructed with 
feed and pressure rollers, and with rotating side cutter 
heads, identically or substantially like those described in 
the said Specification annexed to said reissued Letters 
Patent. 



25 



APPENDIX B. 

Under and by virtue of the decisions relating to Mould- 
ing Machines and Planing Machines before given or re- 
ferred to, the following Moulding and Sash Machines and 
Surface Planing Machines, used by the following named 
persons, are infringements upon the rights of said John 
Gibson under said Letters Patent: 



Albany County, JV. Y. 

Two or more machines sold by Gibson W. Fairman at 
the city of Albany, called the "Fay Sash Sticker." 

One machine used by John Jenkins at the city of Albany, 
called the "Fay Sash Sticker." 

Two machines used by Hill & Turner at West Troy, for 
planing Mouldings, Sash Materials, &c 

Allegany County, JV. Y. 

One machine used by Eli Davis at Phillipsville, called 
the " Fay Sash Sticker." 

One machine used by Andrew J. Roundy at Phillipsville, 
called the " Fay Sash Sticker," and used for planing the 
stuff for small wooden boxes. 

One machine used by William E. Dunn at East Rushford, 
for planing Sash Stuff, Mouldings, &c. 

One machine used by William S. Burdick at Alfred Cen- 
ter, called the " Fay Sash Sticker." 

One machine used by Lorenzo D. Davis at Wellsville, for 
planing Sash Stuff, and Mouldings, &c. 



26 



Broome County, JV. F. 

One machine used by Collier & Bevier at Binghamton, 
for planing Mouldings, &c. 

Several machines built and sold by Martin Shapley at 
Binghamton, for planing Sash Stuff, Mouldings, &c. 

One or more machines used by Moore & Purdy at Bing- 
hamton, for planing Sash Material, &c. 

Cayuga County, JV. F. 

One machine used by Artemus W. Bodman at Auburn, 
for planing Pump Tubing. 

Chemung County, JV. F. 

One machine used by John Colman at Elmira, called the 
" Fay Sash Sticker." 

One machine used by Selover & Haskell at Elmira, for 
planing Sash Stuff and Mouldings, &c. 

One machine used by Wood Demarest at Elmira, for 
planing Sash, Blind and Door Stuff, &c. 

One machine used by W. L. Colburn & Co. at Elmira, 
called a " Fay Sash Sticker." 

One or more machines used by F. D. Green at Elmira and 
Millport, for planing Mouldings, Sash and Door Stuff, &c. 

Chenango County, JV. Y. 

One machine used by H. L. Morse & Co. at Norwich, for 
planing Sash, Blind and Door Stuff and Mouldings. 

Cattaraugus County, JV. F. 

Two machines used by Stone, Genthner & Co. at Olean, 
called the " Fay Sash Sticker." 

Chautauque County, JV. F. 

One or more machines used by Buck & Patchin, at West- 
field, for planing Sash, Blind and Door Stuff, &c. 



27 

One machine used by Benjamin P. Bell at Pine Grove, for 
planing Sash Material, Mouldings, &c. 

Columbia County, JY. Y. 

One machine used by Mitchell & Crafts at Hudson, for 
planing Mouldings, Sash, Blind and Door Stuff. 

One machine used by Haight & Seymour at Chatham 
4 Corners, called a " Fay Sash Sticker." 

Delaware County, JY, Y. 

One machine used by Jacob H. Herring and Rodman M. 
Fuller at Deposit, for planing Sash Stuff, &c. 

Dutchess County, JY. Y. 

One machine used by James Post at Poughkeepsie, for 
planing Sash Material and Light Stuff for Joiner's Work. 

One machine for planing Mouldings, and one machine 
for planing Sash Stuff, used by Stephen Armstrong at 
Poughkeepsie. 

One machine used by C. B. Morse at Rhinebeck, for 
planing Mouldings, Sash Stuff, Battens, &c. 

Erie County, JY. Y. 

One machine used by E. & D. Holmes at Buffalo, called 
the " Serrill Moulding Machine." 

Several machines sold by John Weeks and John Warren, 
of the firm of Weeks & Warren at Buffalo, called the " Fay 
Sash Sticker." 

One machine used by Joseph Churchyard at Buffalo, for 
planing Sash Material, &c. 

One machine used by Caleb Knight at Buffalo, for planing 
Mouldings. 

Two machines used by the Buffalo Car Company at Black 
Rock, called the "Fay Sash Sticker." 

Two machines used by Reberman & Hamilius at Buffalo, 
for planing Sash. Blind and Door Stuff. 



28 



Essex County, N. Y. 

One machine used by Alanson W. Powers and Benjamin 
Stevens at Ausable Forks, for planing Sash and Door Stuff, 
Mouldings, &c. 

One machine used by Eufus Prescott and Henry C. Wil- 
son at Keeseville, for planing Sash, Blind and Door Stuff. 

Franklin County, JV. Y. 

One machine made and used b3 T Asahel Lockwood at East 
Constable, for Sash Material. 

One machine used by Allen Dennis & Edwin Brush at 
East Constable, for planing Sash Material. 

Fulton County, N. Y. 

One machine used by William H. Stoddard & Co. at 
Gloversville, for planing Sash Material, Mouldings, &c. 

Genesee County, N. Y. 

One machine used by Olmstead & Brothers of Le Roy, 
for planing Sash, Blind and Door Stuff, and Mouldings. 

Greene County, N. Y. 

One machine used by William G. Van Loan at Catskill, 
called the " Fay Sash Sticker." 

Two machines used by Ignatius Overspaugh and Jeremiah 
Russell at Kauterskill, called the " Fay Sash Sticker." 

One machine used by Barber & Dudley at Big Hollow, 
for planing Sash and Blind Stuff, and Mouldings. 

Jefferson County, JV. Y. 

One machine used by Benjamin F. Gleason at Adams, for 
planing Sash Stuff', &c. 

One machine used by Eber Cowles at Adams, called the 
" Fay Sash Sticker." 



29 



Montgomery County, JV. Y, 
One machine used by D. Hallenbeck at St. Johnsville, for 
planing Sash, Blind and Door Stuff. 

Niagara County, JV. Y. 

One machine used by Jones, Crouch & Co. at Niagara 
Falls, called the " Fay Sash Sticker." 

Two machines used by S. R. Daniels & Co. at Lockport, 
called the " Fay Sash Sticker." 

Oneida County, JV. Y. 

Two or more machines used by Lewis Lawrence at Utica, 
called the " Fay Sash Sticker." 

Ontario County, JV. Y. 

One machine used by Secor & Edgerton at Phelps, for 
planing Sash, Blind and Door Stuff. 

One machine used by T. Monroe at Geneva, for planing 
Mouldings. 

Orleans County, JV. Y. 

One machine used by W. S. Foster & Co. at Albion, for 
planing Sash, Blind and Door Stuff. 

One machine used by William Bentley at Waterport, for 
planing Sash Stuff, Mouldings, &c. 

Onondaga County, JV. Y. 

One machine used by Henry Pike at Syracuse, called the 
" Fay Sash Sticker." 

Orange County, JV. Y. 

One machine used by Calvin R. Brown and Robert Bau- 
han at Newburgh, called the " Fay Sash Sticker." 

One machine used by Lewis N. Smith at Newburgh, for 
planing Sash, Blind and Door Stuff. 



30 

One machine used by Alanson Millspaugh at Port Jervis, 
for planing Material for Wheel Barrows. 

One machine used by Eli H. Goldsmith at Newburgh, 
called the "Fay Sash Sticker.' 5 

Otsego County, JY. F 

One machine used by Wilson & Fuller at Worcester, 
called the " Levings Sash Sticker." 

One machine used by Holmes & Wright at Westford, for 
planing Sash, Blind and Door Stuff. 

Queens County, JY. Y. 

One machine used b} 7 Sidney J. Young at Jamaica, in 
planing Mouldings, Casings and Sash Stuff. 

One machine used by James M. Peck at Flushing, called 
the " Fay Sash Sticker." 

One machine used by Copps & Dermond at Flushing, for 
planing Sash Material, &c. 

One machine used by George T. Hyer at Ravenswood, 
for planing Sash and Blind Stuff. 

One machine used by Ackurst, Douglass & Co. at Astoria, 
called the " Fay Sash Sticker." 

Richmond County, JY. Y. 

One machine used by J. Burger at Tompkinsville, called 
the "Fay Sash Sticker." 

Rensselaer County, JY. Y. 
One machine used by George W. Oliver at Troy, called 
the " Fay Sash Sticker." 

St. Lawrence County, JY. Y. 

One machine used by A. M. Adsit at Colton, for planing 
Sash, Doors and Blinds. 

One machine used by Hosea Fenton at Waddington, for 
planing Sash and Blind Stuff. 



31 

One machine used by David R. Nichols at North Law- 
rence, called a " Fay Sash Sticker." 

One machine used by Ellis & Hall at Raymondville, for 
planing Sash and Door Stuff. 

One machine used by Orin M. Fisk & W. C. H. Waddell 
at or near DeKalb, called the " Fay Sash Sticker." This 
machine was subsequently used by Charles H. Fisk. 

Saratoga County, N. Y. 

One machine used by Benjamin J. Barber at Ballston 
Spa, for making Sash, Doors, Blinds and Mouldings. 

One machine used by J. W. Ainsworth at Saratoga 
Springs, for planing Sash Stuff, Mouldings, &c. 

Seneca County, N. Y. 

Two machines used by Powell & Gay at Seneca Falls, 
called the "Fay Sash Sticker." 

Steuben County, N. Y. 

One machine used by Reuben E. Robinson at Corning, 
called the " Fay Sash Sticker." 

One machine used by Martin L. Aldrich and Morris 
Smith at Hornellsville, called the " Fay Sash Sticker." 

One machine used by N. Wright at Hornellsville, called 
the " Fay Sash Sticker." 

Sullivan County, N. Y. 

One machine used by Rodman M. Fuller of Pond Eddy 
at Deposit, for planing Sash, Blind and Door Stuff. 

Suffolk County, N. Y. 

One machine used by John S. Long and George C. Gould 
at Huntington, called a "Fay Sash Sticker," and a second 
machine used by the same persons, for planing Mouldings 
and Sash Stuff, constructed substantially like the first. » 



32 



Tioga County, JV. Y 

One machine used by Edward L. Gibson at Owego, for 
planing Sash Stuff'. 

Tompkins County, JV. Y. 

One machine used by Henry H. Moore at Ithaca, for 
planing Sash Material, &c. 

Ulster County, JV. Y. 

One machine used by Isaac B. Van Waggoner at Kings- 
ton, called the " Fay Sash Sticker." 

One machine used by Little, Leland & Co. at Napanock, 
for planing Carriage Bows. 

Warren County, JV. Y. 

One or more machines manufactured by Hopkins, Dix & 
Clendon, at Glen's Falls, for planing Sash Stuff; one of said 
machines having been sold to Heartsell Colvin of Patten's 
Mills. 

Two or more machines built by Mr. Ladow at Glen's 
Falls, for planing Sash Stuff, &c. 

Wayne County, JV. Y. 

One machine used by Gould S. Benedict at Newark, East 
Newark and Macedon, called the " Fay Sash Sticker." 

One machine used by Bella R. Streety at Lyons, called 
the " Fay Sash Sticker." 

Westchester County, JV. Y. 

One machine used by Seth Bird at Tarrytown, for plan- 
ing Sash Stuff, Mouldings, &c. 

One machine used by De Revere & Hickock at Tarry- 
town, for planing Sash Stuff, Mouldings, &c. 

One machine used by Leonard M. Clark at Yonkers, for 
planing Sash, Blind and Door Stuff, Mouldings, &c. 



One machine used by William H. Wilcox at Peekskill, for 
planing Sash, Blind and Door Stuff, Mouldings, &c. 

One machine used by William H. Pryor and James M. 
Boulard at Mott Haven, called the " Serrell Sash Sticker." 
The same machine subsequently used by Thomas Overring- 
ton at the same place. 

One machine used by Henry Hagaman at Sing Sing, called 
the " Fay Sash Sticker." 

One machine used by Mortimer Rider at Sing Sing, 
called the " Fay Sash Sticker." 

One machine used by Henry Acker at Sing Sing, called 
the " Fay Sash Sticker." 

Bradford County, Pa. 

One machine used by Keeler & Lewis, at Wyalusing, for 
planing Sash Stuff, Mouldings, &c. 

One machine used by Henry J. Carey, at Towanda, called 
the " Fay Sash Sticker." 

Lycoming County, Pa. 

Two machines used by George S. Banger & Co., at Wil- 
liamsport, called the " Fay Sash Sticker." 

Luzerne County, Pa. 

One machine used by Elisha B. Stetler, at Wilkesbarre, 
for planing Sash Stuff, Mouldings, &c. 

Two machines used by Oakford, Kirlin & Godshall, at 
Scranton, for planing Sash, Blind, Door Stuff, Mouldings, 
&c. 

One machine used by William Price at Pittston, for plan- 
ing Sash Stuff. 

One machine used by H. Peck & Brother at Blakeley, for 
planing Sash Stuff. 

One machine used by John S. Bennett and Hiram B. 
Dennis at Wilkesbarre, called the " Fay Sash Sticker." 

5 



34 

One machine used William H. Richmond at Carbondale, 
called the " Fay Sash Sticker." 

One machine used by Joseph Easterline at Wilkesbarre, 
for planing Sash and Door Stuff, &c. 

♦ 

Warren County, Pa. 

One machine used by Orr & Henry at Warren, for planing 
Sash Material, &c. 

Wayne County, Pa. 

One machine used by Joseph Ausley at Hawley, called 
the " Fay Sash Sticker." 

Each of the foregoing machines was constructed substan- 
tially like the machine used by Joseph Dart, Jr., William 
H. Ovington and Erastus E. Dart, hereinbefore described, 
except that some had only one (instead of two) feed and 
pressure roller before the cutting cylinder. 



TL 

Columbia County, N. Y. 

Two machines used by Edward Crossman at Canaan Four 
Corners, for planing Rifle woods, <fcc. Each machine being 
what is called a double machine, and composed of two 
machines (like the one used by Beardslee, hereinbefore de- 
scribed) in one and the same frame. 

One machine used by Gordon L. Anson at Lebanon 
Springs, for planing Rifle woods, &c. Substantially like 
the machine used by Beardslee. 

One machine used by William and Henry D. Gay at Le- 
banon Springs, for planing Rifle woods, &c, being like the 
one last above mentioned. 

Four or more machines manufactured, used and sold by 
Morris M. Brainard & Co. at Green River, for dressing 
Pump Tubing, Gauges, Bevels, &c, being essentially like 
the machine used by Beardslee. 



35 



Dutchess County, JY. Y. 
Several machines manufactured and sold by Alfred An- 
son at Bangall, for planing " Scythe Ticklers " and other 
light Surface Planing. 

Essex County, JY. Y. 

One or more machines built and sold by Golding & Conro 
at Keeseville, being double Sash Stickers : that is, each 
machine was composed of two machines (substantially like 
the machine used by Beardslee) in one frame. 

Herkimer County, JY. Y. 

Two machines used by Alexander Underwood at Ilion, 
for planing Sash Material, &c. ; each machine being a 
" Double Sash Sticker ; " that is, each machine was com- 
posed of two machines (substantially like the machine used 
by Beardslee, except that they were what are called vertical 
instead of horizontal machines) in one frame. 

Madison County, JY. Y. 

One machine used by James Sharp at Peterborough, for 
planing Pump Tubes, substantially like the machine used 
by Beardslee. 

Rensselaer County, JY. Y. 

One machine used by Peter H. Rykert at Scott's" Corners, 
for Planing Rifle woods, substantially like the machine 
used by Beardslee. 

St. Lawrence County, JY. Y. 

One machine used by Merrick & Dodge at Canton, for 
planing Pump Tubes, substantially like the machine used 
by Beardslee. 

Steuben County, JY. Y. 

One machine used by Henry J. Hill of Painted Post, for 
making G Mouldings, being the machine formerly used 
by George Mallory of Andover. 



36 



III. 



Broome County, N. Y. 
One machine used by Jonathan M. Heath at Union. 
Several machines built and sold by Martin Shapley at 
Binghamton. 

Chemung County, N. Y. 
One machine used by A. T. Nichols at Southport. 

Cortland County, N. Y. 
One machine used by Alexander McKivitt at Truxton. 

Chautauque County, N. Y. 

One machine used by Wm. & Amos Stockwell at Cassa- 
daga. 

One machine used by Orin Stoddard at Busti, and several 
built and sold by him at that place. 

One machine used by Benjamin P. Bell at Pine Grove. 

One machine used by Charles Miller at Busti Corners. 

One machine used by Hiram Benedict, near Jamestown. 

Columbia County, JV. Y. 
One machine used by David L. Westover at Green River. 

Clinton County, JV. Y. 

One machine used by George F. Harris at Champlain. 
One machine used by the Bedford Glass Co. at Bedford. 
One machine used by John C. Manning & Co. at Ellen- 
burgh. 

Dutchess County, JV. Y. 

One machine used by TV. H. Van Vliet at Fishkill LandiDg. 
One machine used bj r the Matteawan Co. at Matteawan. 
One machine used by Egbert Austin at Stanford. 
One machine used by Lawrence Williams at Poughkeepsie. 



37 



Erie County, JY. Y. 

One machine used by Mr. Bundi at Lodi. 
One machine used by Ralph Plumbe at Lodi. 
One machine used by Caleb Taylor at Lodi. 
One machine used by Harlow Crandall at Lodi. 
One machine used by Gideon Webster at Lodi. 
One machine used by Clark Stevens at Pontiac. 

Essex County, JY. Y. 

One machine used by Alanson H. Baldwin at Ticonderoga. 
One machine used by Palmer M. Baker at Ticonderoga. 

Franklin County, JY. Y. 

One machine used by Benjamin Fitch at Centreville. 
One machine used by James Inman at Deer River. 

Fulton County, JY. Y. 

One machine used by Jacob Phillips at Northville. 
One machine used by Elias Spires at Northville. 

Greene County, JY. Y. 

One machine used by Simon Windfield & Lester Cass at 
Osbornville. 

Three or more machines built, sold and used by Burton 
G. Morse & A. Newberry at Windham Centre. 

Herkimer County, JY. Y. 

One machine used by Jacob A. Radley at Ohio. 

One machine used by Alexander Underwood at Ilion. 

Jefferson County, JY. Y. 

One machine used by the Ontario Woolen Co. at Dexter. 
One machine used by Benjamin F. Gleason at Adams. 
Three or more machines built and sold by Palmer & 
Scott at Carthage. 

One machine used by A, M. Bush at Clayton. 



38 

One or more machines manufactured and sold by Gregory 
& Tozer at Theresa. 

One or more machines built and sold by William Hotch- 
kiss at Carthage. 

One machine used by Charles S. Smith at Carthage. 

One machine used by H. L. Woodruff at Watertown. 

Oneida County, JV. Y. 

Three or more machines built and sold by John E. Jones. 
William Kingsbury and George Curtis at Utica. 

One machine built and sold by Alexander Gifford at 
Camden. 

One machine made by Mr. Scoffield at Clayville. 

Two or more machines built, used and sold by David 
Peck at Alder Creek. 

One machine used by J. J. Wells at Boonville. 

One machine used by John Ballard at East Florence. 

One machine used by Whitmore & Spencer at Alder 
Creek. 

Orange County, JV. Y. 

One machine used by Stephen F. Tift at Newburgh. 

Otsego County, JV. Y. 

One machine manufactured and used by Hubbell & John- 
ston at Unadilla. 

Rensselaer County, JV. Y. 

Two or more machines used by Birge & Brothers at Troy, 
for planing Chair Stuff. 

St. Lawrence County, JV. Y. 

One machine used by Ellis & Hall at Eaymondville. 
One machine built by Minot Champney at Gouverneur. 

Seneca County, JV. Y. 
One machine used by Wheeler & Little at Seneca Falls 



39 

Tioga County, JV. F. 
One machine used b}* Sellick St. John at Waverly. 

Tompkins County, JV. F. 
One machine used by Horace Baker at McLeansville, for 
planing Staves and Custom Work. 

Wyoming County, JV. F. 
One machine used by Dr. Frank at Warsaw. 

Wayne County, JV. Y. 

Two or more machines manufactured and sold by Gould 
S. Benedict at Newark. 

Bradford County, Pa. 
Two machines used by Henry J. Carey at Towanda. 

Warren County, Pa. 
One machine used by John L. Kapple at or near Warren. 

Each of the foregoing machines in this (III) class was a 
Surface Planing Machine constructed with feed and pressure 
rollers and a rotating cutting cylinder, substantially and 
essentially like the Planing Machine described in said spe- 
cification to said re-issued letters patent. 



IV. 

Fulton County, JV. Yt 

One machine used by William Sammons near Fultonville, 
for dressing Staves. 

Tompkins County, JV. F. 
One machine used by Harrison Hill at Perriville, for 
planing Staves, called " Trapps Patent Machine." This 
machine has one feed and one pressure roller, to feed and 



40 

control the material, and a knife or cutting instrument at- 
tached to an arm that revolves in such manner that the 
knife cuts or planes the material in manner substantially as 
the Woodworth Cutters. 

Clinton County, Pa. 

One machine used by William L. Hawkins at Lock 
Haven. (This machine could also tongue and groove.) 



41 



APPENDIX C. 

rhe il e sii r. ._:_„■ -/.: ._.. s: "..- ::..:" '-...> 

:-- : . i:ri: re me: :s : his ._ ..> . . - ?"h: 

ette - tained decree- i l hi s : . : 2 : ."".. :- 

ing the machines used ; che :e:e:::.?,:::s :o :e ::^:\:. _-— 

ments : said letters patent, and ordering thai the defend- 

sh : a] icconnt :efore a master, for . the profits : 

such use. and shjui : : . : : :ce :he c::ks n: - s. : = 

examined bel ore suchmastei These suits were all in the 
: rf : : : h b U : i i ed a I : - - foi Lhe Northern District 
New York. ;:Z: b ad were igainsl 
1. Henr; Gilford, foi using :..-: Planing, 1' ongoing and 
Grc : \„:_ Machine : : -".;: — . ■'.:.::.: :.i: :•■: ir:y. X. Y 
, Ambrose Chorch, Jr.. - : - T - ----- ~ " : - 

and Grooving county, 

N Y. 

3. Theodore Ea; _ : _ using me - ee PI ner and 

Aide eida con 

X. Y. 

i }lark B we for nsing 1 Qe Ph ..:.. = . _.:_/.. _ 

lei \ . set : I 1 onty 3 X. Y. 
T :^ S tor nsing one Planing, 

7: -idling and - - --- _ Machine - - 

ramesBallarc foi sing me Planing, Tongoing ind 
Groo? Dg \ b t v Water* rcr t~t >::. ::.::;:;. X.Y 
7. Aa :_ D Starks, f c using ~- Planing. Tongiing ni 
ing Machine at Black 1 - '. Jeffers met anty. X. Y. 
B Samuel P. Haskins, foi nsing ine Surface Planing 
Machine and one machine for planing Sas] mate 
Jamestown. Ghaotaoqme nnty, N. Y. 
: 



42 

9. John and Hiram Ferguson, for using one Surface 
Planing Machine and one Tonguing and Grooving Machine 
at Owego, Tioga county. N. Y. 

10. Samuel W. Ballard and John Brennan, for using one 
Planing, Tonguing and Grooving Machine at Watertown, 
Jefferson county, N. Y. 

11. Stephen Van Dresser and Daniel Stearns, for using 
one Planing, Tonguing and Grooving Machine at Rome, 
Oneida county, N. Y. 

JOHN GIBSON, 
Gibson, N. Y. 



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